Administration of Justice 460
History
of Criminal Justice
Spring
1993
Philip Jenkins
Class meets Tues/Thurs 8-9.15 am
Office hours: Tues/Thurs 11.15 am-12.15 pm; and by appointment
This course
traces the development of major aspects of criminal justice from earliest times
to the present day.
The grade for
the course will be based on three examinations, which will occur on:
February 11 March 25 April 29
Each of these
exams will be objective in format, with a mixture of multiple-choice and
true-false questions. Each exam is worth 30% of the grade. There is no
comprehensive exam, and therefore note that there will not be a final
examination, regardless of what the course schedule says. The three exams make
up 90% of the grade. The remaining 10% is based on class attendance and
participation.
If you prefer,
you can substitute a paper for any one of the exams, and that will then be
worth 30% of the grade. You must let me know in plenty of time which exam you
will be opting out of, and the topic on which you want to write a paper. I am
flexible about this, and will accept most reasonable topics within the general
scope of the course. I can also help you with reading lists and bibliography.
The paper cannot be substituted retroactively for an exam, nor can it be used
for extra credit. The paper will then be due on the same day as the exam for
which you are substituting it. The paper should be at least twelve to fifteen
pages, typed, and fully referenced.
Deadlines matter, and I intend to enforce them strictly. If you
miss a deadline without getting an extension in advance, you get a
non-negotiable grade of F on that particular exam, paper or project. Do not get
in touch with me after the fact to explain why you missed an exam, unless you
produce a proper medical note. Excuses must always be supported by
documentation. Valid reasons include medical problems and the like. I am aware
that ROTC sometimes makes strange demands on its members, and these reasons
would be valid: but note that ROTC also provides documentation for these
absences, which must be produced if you want to claim this as a reason for an
extension.
The following are not valid reasons for an extension, so please
don't ask:
"I have other exams that day" (so ask the other
professors for the extension)
"I'm leaving early for break" (not if you want the
grade, you're not)
"I overslept" (Always a danger in an early class. Buy an
alarm clock)
1. Philip
Jenkins, A reader of sources and documents on the history of criminal
justice (1993 edition only), available from the University Bookstore.
Hereafter cited simply as Reader.
2. Philip
Jenkins, Intimate Enemies: Moral Panics in Contemporary Great Britain.
Hawthorne, NY: Aldine de Gruyter, 1992. ISBN: 0-202-30436-1, paperback edition.
3. Herbert
A. Johnson, A History of Criminal Justice, Cincinnati: Anderson, 1988.
ISBN: 0-932930-75-1
Please note that these sources are to be used somewhat
differently. The Johnson book is a regular text, and should be read carefully
and thoroughly. Especially in the first half of the course, the Reader is just
offering examples of documents for discussion, which I certainly do not expect
you to read entirely or in detail. However, they provide useful illustrations that
supplement lectures and the textbook. The Reader is thus more of a
"sampler", so please do not be put off by its size or abundance of
detail. In each class where there are readings from both Johnson and the
Reader, the best policy is to read the Johnson book first, to understand the
outlines of the topic; then look through the Reader for illustrative material.
I think the combination of the three books will give you good depth of
coverage; and knowledge of all is strictly required for satisfactory completion
of the course.
1. January 12. Introduction and early development of criminal
justice
FILM - Social control
Read: Reader 1-26. Johnson, 1-22
2. January 14. Classical justice - Greece and Rome - the trial of
Sokrates.
Read: Reader 30-65. Johnson, 23-42
3. January 19. FILM - Witchcraft among the Azande
4. January 21. Early medieval criminal justice in Merovingian
Francia and Anglo-Saxon England.
Read: Reader 66-97; Johnson, 43-56
5. January 26. Law and justice in England 1100-1260
Read: Reader 98-129; Johnson, 57-76
6. January 28. Crime and justice in feudal Europe
Read: Reader 130-158
7. February 2. Ecclesiastical enforcement of law and morality -
the Inquisition. The Church courts and the punishment of "victimless
crimes"
Read: Reader 158-168
8. February 4. Women and early justice systems. The Salem trials.
Read: Reader 261-287
9. February 9. Witchcraft: the English experience.
Read: Reader 229-260; 512-527
10. February 11. EXAM ONE
11. February 16. Witchcraft panics and their modern parallels
Read: Jenkins, entire text
12. February 18. Crime and justice in early modern Europe
Read: Reader 212-228;
Johnson, 77-96
13-14. February 23-25. Early modern England - the age of the
gallows. From capital punishment to imprisonment. Criminal procedure. Political
and religious justice.
Read: Reader 169-211;
Johnson, 115-128
15. March 2. Beccaria and the Enlightenment
Read: Reader 332-367
16-17. March 4/16. The rise of transportation. The convict colony
in Australia. The implications of transportation for modern penal practice.
Read: Reader 312-331;
498-511; Johnson, 97-114
18. March 18. American justice in the eighteenth and early
nineteenth centuries
Read: Reader 288-311,
385-395, 498-511; Johnson, 129-148
19. March 23. Positivism and Biocriminology
Read: Reader 370-384
and 396-407
20. March 25. EXAM TWO
21. March 30. The insanity defense. FILM: The Trial of Guiteau
Read: Johnson, 149-170
22. April 1. The Progressives and penological change. Juvenile
justice.
Read: Reader 408-415, 439-450; Johnson 217-239
23. April 6. Pennsylvania justice. Capital punishment; the eugenic
movement
Read: Reader 416-438
24. April 8. The Supreme Court and criminal justice.
Read: Johnson, 171-196
25. April 13. Policing. Continental origins; Rome and France;
England from the Statute of Winchester to the time of Robert Peel.
Read: Reader 451-488; Johnson, 197-216
26. April 15. Emergence of American policing: social, racial,
industrial conflict. Progressivism and professionalism. Emergence of forensic
science.
Read: Johnson, 239-270
27. April 20. National, secret and undercover policing.
Read: Johnson, 271-296
28. April 22. The realities of urban policing 1915-1960. Changing
views of organized crime. Machines and syndicates
29. April 27. Political and bureaucratic dynamics at state and
federal level. Race, civil rights and the struggles for control of law
enforcement. Urban riots. Police unionism and strikes
30. April 29. EXAM THREE